Maxim 1.7.32
The law sometimes follows equity.
Lex aliquando sequitur aequitatem.
Source: 3 Wils. 119
Difficulty 2/5 — Approachable
Explanation
Where strict law and equity diverge, the law bends toward the equitable result — rigidity in the law is tempered by the demands of justice.
Where this applies
- Strict law would produce an unjust result, so the court follows equity instead.
- A case where rigid rules must bend to achieve fairness.
Legal domains
See also
Cite this maxim
NeCede Max. 1.7.32 — The law sometimes follows equity. — 3 Wils. 119 (Lex aliquando sequitur aequitatem.)
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